Critical habitat is designated in Cook Inlet, Alaska, for the Cook Inlet beluga whale as described in paragraphs (a) and (b) of this section. The textual description of this critical habitat is the definitive source for determining the critical habitat boundaries. General location maps are provided for general guidance purposes only, and not as a definitive source for determining critical habitat boundaries. Critical habitat does not include manmade structures and the land on which they rest within the designated boundaries described in paragraphs (a)(1) and (2) of this section that were in existence as of May 11, 2011.

(a)Critical Habitat Boundaries. Critical habitat includes two specific marine areas in Cook Inlet, Alaska. These areas are bounded on the upland by Mean High Water (MHW) datum, except for the lower reaches of four tributary rivers. Critical habitat shall not extend into the tidally-influenced channels of tributary waters of Cook Inlet, with the exceptions noted in the descriptions of each critical habitat area.

(1)Area 1. All marine waters of Cook Inlet north of a line from the mouth of Threemile Creek (61°08.5′ N., 151°04.4′ W.) connecting to Point Possession (61°02.1′ N., 150°24.3′ W.), including waters of the Susitna River south of 61°20.0′ N., the Little Susitna River south of 61°18.0′ N., and the Chickaloon River north of 60°53.0′ N.

(2)Area 2. All marine waters of Cook Inlet south of a line from the mouth of Threemile Creek (61°08.5′ N., 151°04.4′ W.) to Point Possession (61°02.1′ N., 150°24.3′ W.) and north of 60°15.0′N., including waters within 2 nautical miles seaward of MHW along the western shoreline of Cook Inlet between 60°15.0′ N. and the mouth of the Douglas River (59°04.0′ N., 153°46.0′ W.); all waters of Kachemak Bay east of 151°40.0′ W.; and waters of the Kenai River below the Warren Ames bridge at Kenai, Alaska.

(d)Sites owned or controlled by the Department of Defense, or of interest to national security. Critical habitat does not include the following areas owned by the Department of Defense or for which the Secretary has determined to exclude for reasons of national security:

(1) All property and overlying waters of Joint Base Elmendorf-Richardson between Mean Higher High Water and Mean High Water; and

(2) All waters off the Port of Anchorage which are east of a line connecting Cairn Point (61°15.4′ N., 149°52.8′ W.) and Point MacKenzie (61°14.3′ N., 149°59.2′ W.) and north of a line connecting Point MacKenzie and the north bank of the mouth of Ship Creek (61°13.6′ N., 149°53.8′ W.).

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Direct final rule.

This rule is effective January 16, 2015 without further action, unless significant adverse comment is received by December 17, 2014.

50 CFR Parts 224 and 226

Summary

We, the National Marine Fisheries Service, announce the revised taxonomy of Monachus schauinslandi (Hawaiian monk seal) under the Endangered Species Act of 1973, as amended (ESA). We are revising the Enumeration of endangered marine and anadromous species and Critical habitat for Hawaiian monk seals to reflect the scientifically accepted taxonomy and nomenclature of this species. We revise the scientific name of the species as follows: Neomonachus schauinsland i (= M. schauinslandi ).

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Final rule.

This final rule will take effect on February 11, 2015.

50 CFR Part 226

Summary

We, the National Marine Fisheries Service (NMFS), issue a final rule to designate critical habitat for three species of rockfish listed under the Endangered Species Act (ESA): the threatened yelloweye rockfish ( Sebastes ruberrimus ) Distinct Population Segment (DPS), the threatened canary rockfish ( S. pinniger ) DPS, and the endangered bocaccio ( S. paucispinus ) DPS (listed rockfish) pursuant to section 4 of the ESA. The specific areas in the final designation include 590.4 square miles (1529 square km) of nearshore habitat for canary rockfish and bocaccio, and 414.1 square miles (1072.5 square km) of deepwater habitat for yelloweye rockfish, canary rockfish and bocaccio. This final designation represents a reduction of approximately 15.2 percent (180.3 sq mi, 467 sq km) for canary rockfish and bocaccio, and a reduction of approximately 28 percent (160 sq mi, 416.2 sq km) for yelloweye rockfish, compared to our proposed critical habitat rule on August 6, 2013 (78 FR 47635). We exclude some particular areas from designation because the benefits of exclusion outweigh the benefits of inclusion and exclusion of those areas will not result in the extinction of the species. No areas were excluded based on economic impacts. This final rule responds to and incorporates public comments received on the proposed rule and supporting documents, as well as peer reviewer comments received on our draft biological report.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Notice of 12-month finding.

The finding announced in this document was made on February 24, 2015.

50 CFR Part 226

Summary

We, the National Marine Fisheries Service (NMFS), announce a 12-month finding on a petition from the Center for Biological Diversity to revise the critical habitat designation for the Southern Resident killer whale ( Orcinus orca ) Distinct Population Segment (DPS) under the Endangered Species Act (ESA). In November 2006 we issued a final rule designating approximately 2,560 square miles (6,630 square km) of inland waters of Washington State as critical habitat for the Southern Resident killer whale DPS. The January 2014 petition requests we revise this critical habitat to include Pacific Ocean marine waters along the West Coast of the United States that constitute essential foraging and wintering areas for Southern Resident killer whales. Additionally, the petition requests that we adopt as a primary constituent element (PCE), for both currently designated critical habitat and the proposed revised critical habitat, protective in-water sound levels. The ESA defines a process for responding to petitions to revise critical habitat. We have reviewed the public comments and best available information on Southern Resident killer whale habitat use and as the next step in the response to the petition process defined in the ESA, this 12-month determination describes how we intend to proceed with the requested revision.

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Proposed rule; request for comments.

Comments on this proposal must be received by April 21, 2015.

50 CFR Part 226

Summary

We, the NMFS, propose to replace the critical habitat for right whales in the North Atlantic with two new areas. The areas under consideration as critical habitat contain approximately 29,945 nm 2 of marine habitat in the Gulf of Maine and Georges Bank region (Unit 1) and off the Southeast U.S. coast (Unit 2). We have considered positive and negative economic, national security, and other relevant impacts of the proposed critical habitat. We do not propose to exclude any particular area from the proposed critical habitat. We are soliciting comments from the public on all aspects of the proposal, including our identification and consideration of impacts of the proposed action. A draft Biological Source Document provides the basis for our identification of the physical and biological features essential to the conservation of the species that may require special management considerations or protection. A draft report was also prepared pursuant to section 4(b)(2) of the Endangered Species Act (ESA) in support of this proposal. Both supporting documents are available for public review and comment.

2015-02-02; vol. 80 # 21 - Monday, February 2, 2015

80 FR 5498 - Endangered and Threatened Species; Designation of Critical Habitat for the Arctic Ringed Seal; Extension of Comment Period and Notice of Public Hearing

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Proposed rule; extension of public comment period; notice of public hearing.

The deadline for receipt of comments on the proposed rule published at 79 FR 73010 on December 9, 2014, is extended from March 9, 2015, to March 31, 2015. A public hearing on the proposed rule will be held in Bethel, AK, on February 26, 2015, from 4 p.m. to 7 p.m.

50 CFR Part 226

Summary

We, NMFS, published a proposed rule in the Federal Register on December 9, 2014, to designate critical habitat for the threatened Arctic subspecies ( Phoca hispida hispida ) of the ringed seal ( Phoca hispida ) under the Endangered Species Act (ESA), and announced that the public comment period would close on March 9, 2015. With this document, we extend the comment period through March 31, 2015, to provide additional time for the public to submit comments. We also announce the specific date and location for a public hearing on the proposal in Bethel, AK.

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Notice of public hearings.

Written comments on the proposed rule must be received by March 9, 2015. For specific dates of the public hearings, see SUPPLEMENTARY INFORMATION .

50 CFR Part 226

Summary

We, NMFS, announce the specific dates and locations for four public hearings in Alaska, one each in Nome, Anchorage, Kotzebue, and Barrow, on our proposed rule to designate critical habitat for the threatened Arctic subspecies ( Phoca hispida hispida ) of the ringed seal ( Phoca hispida ) under the Endangered Species Act (ESA), which published in the Federal Register on December 9, 2014. We also announce that a hearing will be held in Bethel, AK.

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Proposed rule; withdrawal and reproposal.

As of December 9, 2014, the proposed rule published December 3, 2014 (79 FR 17174), is withdrawn. Comments on this proposed rule must be received by March 9, 2015. Four public hearings on the proposed rule will be held in Alaska (Anchorage, Barrow, Kotzebue, and Nome). The dates and times of these hearings will be provided in a subsequent Federal Register notice.

50 CFR Part 226

Summary

On December 3, 2014, we, NMFS, published in the Federal Register a proposal to designate critical habitat for the Arctic subspecies ( Phoca hispida hispida ) of the ringed seal ( Phoca hispida ) under the Endangered Species Act (ESA). Due to a clerical error, that document contained numerous errors. To avoid confusion, we are withdrawing that proposed rule and reproposing the correct document through this action. Specifically, we propose to designate one specific area of marine habitat in the northern Bering, Chukchi, and Beaufort seas. We are soliciting comments from the public on all aspects of the proposal, including our identification and consideration of the economic, national security, and other relevant impacts of the proposed designation.

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Proposed rule; request for comments.

Comments on this proposed rule must be received by March 3, 2015. Four public hearings on the proposed rule will be held in Alaska (Anchorage, Barrow, Kotzebue, and Nome). The dates and times of these hearings will be provided in a subsequent Federal Register notice.

50 CFR Part 226

Summary

We, NMFS, propose to designate critical habitat for the Arctic subspecies ( Phoca hispida hispida ) of the ringed seal ( Phoca hispida ) under the Endangered Species Act (ESA). We propose to designate one specific area of marine habitat in the northern Bering, Chukchi, and Beaufort seas. We are soliciting comments from the public on all aspects of the proposal, including our identification and consideration of the economic, national security, and other relevant impacts of the proposed designation.

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Direct final rule.

This rule is effective January 16, 2015 without further action, unless significant adverse comment is received by December 17, 2014.

50 CFR Parts 224 and 226

Summary

We, the National Marine Fisheries Service, announce the revised taxonomy of Monachus schauinslandi (Hawaiian monk seal) under the Endangered Species Act of 1973, as amended (ESA). We are revising the Enumeration of endangered marine and anadromous species and Critical habitat for Hawaiian monk seals to reflect the scientifically accepted taxonomy and nomenclature of this species. We revise the scientific name of the species as follows: Neomonachus schauinsland i (= M. schauinslandi ).

DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration

Final rule.

This final rule will take effect on February 11, 2015.

50 CFR Part 226

Summary

We, the National Marine Fisheries Service (NMFS), issue a final rule to designate critical habitat for three species of rockfish listed under the Endangered Species Act (ESA): the threatened yelloweye rockfish ( Sebastes ruberrimus ) Distinct Population Segment (DPS), the threatened canary rockfish ( S. pinniger ) DPS, and the endangered bocaccio ( S. paucispinus ) DPS (listed rockfish) pursuant to section 4 of the ESA. The specific areas in the final designation include 590.4 square miles (1529 square km) of nearshore habitat for canary rockfish and bocaccio, and 414.1 square miles (1072.5 square km) of deepwater habitat for yelloweye rockfish, canary rockfish and bocaccio. This final designation represents a reduction of approximately 15.2 percent (180.3 sq mi, 467 sq km) for canary rockfish and bocaccio, and a reduction of approximately 28 percent (160 sq mi, 416.2 sq km) for yelloweye rockfish, compared to our proposed critical habitat rule on August 6, 2013 (78 FR 47635). We exclude some particular areas from designation because the benefits of exclusion outweigh the benefits of inclusion and exclusion of those areas will not result in the extinction of the species. No areas were excluded based on economic impacts. This final rule responds to and incorporates public comments received on the proposed rule and supporting documents, as well as peer reviewer comments received on our draft biological report.